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Home My WebLink About03-19-1974 Regular Meetingw MICROFILMED 4 -24 -$0 REGULAR MEETING CITY COUNCIL MARCH 19, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 19,1974 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR'FRANKLYN P. 14ACLAY. THE ROLL WAS CALLED.BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY, COUNCILMEN E. H. RHAME, G. J. SALVAGGIO, AND MRS. ANN THURM; CITY MANAGER, A.J. FRANCIS, ASSISTANT CITY ATTORNEY, RICHARD SCOTT, CITY CLERK, ANITA J. OSTROM, SGT. AT ARMS, WILLARD WINNETT. THE MINUTES OF THE MARCH 5, 1974 MEETING WERE AMENDED BY CHANGING ADJOURNMENT BY GENERAL CONSENT TO READ "THE MEETING WAS ADJOURNED DUE TO ALL MEMBERS LEAVING THE COUNCIL ROOM." THE MINUTES WERE THEN APPROVED AS CORRECTED. THE TREASURER'S REPORT FOR FEBRUARY WAS APPROVED AS SUBMITTED. THE NEXT ITEM ON THE AGENDA "LETTER FROM THE"MAYOR" WAS QUESTIONED, AND MRS. THURM CALLED FOR ORDERS OF THE DAY. MR. SALVAGGIO SECONDED. ACCORDING TO THE RULES OF PROCEDURE, THIS ITEM WAS INCORRECTLY PLACED ON THE AGENDA. MAYOR MACLAY MOVED THAT THE RULES BE SUSPENDED AND HIS LETTER READ AT THIS TIME. THIS MOTION FAILED FOR LACK OF .A SECOND. UNFINISHED BUSINESS ITEM 1. ORDINANCE 5 -74 GARBAGE AND TRASH COLLECTION 2ND READING MAYOR MACLAY READ THE ORDINANCE ENTITLED AS FOLLOWS: AN ORDINANCE RELATING TO GARBAGE AND.-TRASH COLLECTION, REQUIRING GARBAGE RECEPTACLES, PRESCIBING LOCATION AND CONDITION OF SAID GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS FOR PICK -UP AND FOR REMOVAL OF GARBAGE AND TRASH; PROVIDING PENALTIES FOR VIOLATION; PROVIDING AN EFFECTIVE DATE. j MICROFILMED 4.24 -8 MR. RHAME MOVED FOR ADOPTION. MRS.. THURM SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND THE ORDINANCE BY THE ATTACHED LISTED AMENDMENTS. MR. RHAME SECONDED THE MOTION: MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE ADOPTED AS AMENDED. NEW BUSINESS ITEM 1. RESOLUTION 74 -14 APPOINTING ALTERNATE ZONING BOARD MEMBERS THE COUNCIL WAS POLLED FOR THE CHOICE FOR AN ALTERNATE MEMBER. MAYOR MACLAY CHOSE MR. WOLEVER, MR.. RHAME CHOSE. MR. GARTHWAITE, MR. SALVAGGIO CHOSE MR. GARTHWAITE, AND MRS.THURM CHOSE MR. WOLEVER. SINCE THIS VOTE WAS A TIE, A NEW POLL WAS TAKEN FOR A CHOICE OF TWO CANDIDATES. MAYOR MACLAY VOTED FOR w" MR. WOLEVER AND MR. PETERMAN. MR. RHAME VOTED FOR MR. PETERMAN.. AND MR. GARTHWAITE. MR. SALVAGGIO VOTED FOR MR. PETERMAN AND MR. GARTHWAITE. MRS. THURM VOTED FOR MR. WOLEVER AND MR. PETERMAN. MR. PETERMAN HAD THE MAJORITY OF VOTES. ANOTHER POLL WAS TAKEN TO DETERMINE ANOTHER ALTERNATE. MAYOR MACLAY VOTED FOR MR. WOLEVER, MR. RHAME VOTED FOR MR. WOLEVER, MR. SALVAGGIO VOTED FOR MR. GARTHWAITE, MRS. THURM VOTED FOR MR. WOLEVER. MR. WOLEVER RECEIVED THE MOST VOTES. MAYOR MACLAY MOVED THAT MR. WOLEVER BE NAMED FIRST ALTERNATE. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUS:' MRS. THURM MOVED THAT MR. PETERMAN BE NAMED SECOND ALTERNATE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. IAYOR MACLAY READ THE RESOLUTION INSERTING THE NAMES OF THE TWO ALTERNATES. BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME AND UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED. ITEM 2 ORDINANCE 8 -74 AMENDING ORDINANCE 12'-71 IT WAS DECIDED THAT THIS ITEM SHOULD GO BEFORE THE PLANNING AND ZONING BOARD PRIOR TO ANY ADVERTISING. ITEM 3 RESOLUTION 74 -12 VACATING PLAT MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION VACATING A PORTION OF A PLAT OF COLUMBIAD SUBDIVISION; PROVIDING AN EFFECTIVE DATE. THE CITY ATTORNEY BROUGHT-OUT THE FACT THAT ACTION OF VACATING A PLAT COULD NOT I1R,'OLVE ANY DEVELOPMENT PLAN. HE. ALSO PAGE 2 OF S MINUTES OF 3/10/74 MICROFILMED 4- 24 -80 NOTED THAT THE CITY ENGINEER HAD WRITTEN A LETTER VOICING HIS OBJECTION TO VACATING THE PLAT UNLESS NECESSARY EASEMENTS.' COULD BE OBTAINED BY THE CITY TO THE SEWER LIFT STATION. THERE WAS NO MOTION ON THIS ITEM AND NO ACTION. ITEM 4 MOTION TO APPOINT DISTRICT II RECREATION BOARD E BER BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME AND UNANIMOUS VOTE, MR. JOHN BUTLER WAS TO BE THE CITY'S RECOMMENDATION TO DISTRICT II RECREATION BOARD MEMBER. ITEM 5 ORDINANCE 7 -74 ADOPTION OF CAPE CANAVERAL CODE S -READ I MAYOR MACLAY READ THE TITLE OF,,.THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING CODIFICATION OF PREVIOUSLY ADOPTED ORDINANCE NO. ; PROVIDING FOR ADDITION TO AND DELETION FROM SAID CODIFICATION; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, FIRST READING WAS.APPROVED. ITEM 6 MOTION TO AUTHORIZE REFUND PERFORMANCE BOND OR 1 0.00' R. SPRINKLER CO. THIS REFUND WAS APPROVED BY MOTION OF MAYOR MACLAY,*. SECONDED BY MRS. THURM AND UNANIMOUS VOTE. ITEM 7 MOTION TO AUTHORIZE EXPENDITURES FROM THE CONTINGENCY FUND BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE OF THE COUNCIL, THE FOLLOWING EXPENDITURES WERE APPROVED: OVERTIME FOR CITY HALL EMPLOYEES DURING RECENT ABSENCE OF CITY CLERK 443:60 DINNER FOR BOARD MEMBERS AT 7 SEAS 278.40 CITY MATCHING FUND FOR LEAA COMMUNICATION EQUIPMENT 1 783.16 TRAVEL ALLOWANCE FOR CITY CLERK TO RiUNICIPAL FINANCE OFFICERS & CITY CLERK'S ANNUAL SEMINAR 200.00 TOTAL 1705.16 ITEM 8 BID SHUFFLEBOARD COURTS MR. FRANCIS STATED THAT THE RECREATION BOARD DID NOT FEEL THAT SHUFFLEBOARD COURTS SHOULD BE PLACED IN AN AREA PRE - DOMINENTLY FOR CHILDREN. MAYOR MACLAY MOVED TO REJECT THE BID RECEIVED. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MINUTES OF 3/19/74 PAGE 3 OF 5 MICROFILMED; 4.24 -80 ITEM 9 BID PAVING HARBOR HEIGHTS THE CITY RECEIVED ONLY ONE BID IN THE AMOUNT OF $372000. SINCE THIS AMOUNT WAS TOO HIGH FOR BUDGETED FUNDS SUGGESTED THAT THE BUILDING OFFICIAL PROCEED WITH BIDS ON THE REPAIR WORK. MR. FRANCIS STATED THAT MEETING WITH THE COUNTY FOR POSSIBLE ASSISTANCE BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM VOTE THE BID WAS REJECTED. ITEM 10 FIRE HOSE BID , MRS. THURM OBTAINING HE WOULD BE IN THIS PROJECT. AND UNANIMOUS MAYOR MACLAY READ THE BIDS FROM W.Q. DOWLING COMPANY FOR $1,550.00, PLUS $109.00 FOR COUPLING AND A.B.C._FIRE EQUIPMENT IN THE AMOUNT OF $1,885.00 FOR THE HOSE AND $103.00 FOR A COUPLING. BY MOTION OF MR. SALVAGGIO., SECONDED BY MRS. THURM, AND UNANIMOUS VOTE,THE BID WAS AWARDED TO W. Q. DOWLING. ITEM 11 BID ON POLICE BUILDING THE BIDS SUBMITTED WERE AS FOLLOWS: MARK-CONSTRUCTION 134,985 W $ J COMPANY 1403-865 FRANK KENNEDY CO. 149,989 MARINOFF CONSTRUCTION 133,625 HEYL & PATTERSON 137,631 ALL BIDS WERE CONSIDERABLY IN EXCESS OF MONEY AVAILABLE. MR. RHAIVIE STATED THAT THE BUILDING COMMITTEE WOULD RECONVENE TO WORK UP A NEW PROPOSAL TO PRESENT TO COUNCIL AT THE NEXT WORKSHOP.: MR. RHAME MOVED THAT ALL BIDS BE REJECTED AND LETTERS SENT TO THE BIDDERS THANKING THEM FOR THEIR EFFORT. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED. ITEM 12 APPROVAL OF RENEWAL AND REPLACEMENT BILLS. THE TOTAL OF THE BILLS FOR PAYMENT WERE IN THE AMOUNT OF $43,984.67. THE CITY CLERK STATED THAT THE BALANCE IN THE RENEWAL AND REPLACEMENT FUND WAS $3,999.98.AND ASKED THAT COUNCIL APPROVE AN ADDITIONAL $1,000.00 BE TRANSFERRED FROM THE REVENUE FUND. MRS. THURM MOVED THAT THE $1,000.00 BE TRANSFERRED FROM THE REVENUE FUND TO THE RENEWAL AND REPLACEMENT FUND WHICH MR.. SALVAGGIO SECONDED. MOTION CARRIED UNANIMOUSLY. ITEM 13 MOTION REGARDING OFFICE SPACE IN CITY HALL MR. SALVAGGIO MOVED THAT OFFICES IN CITY HALL BE CHANGED AS DISCUSSED IN WORKSHOP TO BETTER UTILIZE SPACE AND ALLOW A LARGER AREA FOR THE CITY _ ERK- TREASURER'S OPERATION. MINUTES OF 3/19/74 PAGE 4 OF 5 MICROFILMED 4 -24 -80 MRS. THURM SECONDED MOTION.-'MOTION CARRIED UNANIMOUSLY. ITEM 14 RESOLUTION 74 -13 RE: LIBRARY FUNDING IN SUPPORT OF HOUSE ILL 14 -28 MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION REQUISTING THE BREVARD COUNTY LEGISLATIVE DELEGATION TO ENDORSE AND SUPPORT FULL FUNDING OF PUBLIC LIBRARIES; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 15 REPORT ON MUTUAL DOG CATCHER WITH COCOA BEACH MR. FRANCIS REPORTED THAT THE CITY OF COCOA BEACH HAS A FULL -TIME DOG CATCHER AND THEY HAD SUGGESTED THAT AS SOON AS THEIR POSITION STABILIZED THE TWO CITIES COULD MEET TO DISCUSS UTILIZING THE ONE DOG CATCHER FOR BOTH CITIES. MR. SALVAGGIO ASKED THAT.THIS ITEM BE PLACES ON THE NEXT COUNCIL WORKSHOP AGENDA. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS AGREEMENT, MEETING ADJOURNED AT 9:20 P.M. APPROVED THIS 2ND DAY OF APRIL 1974. l.f, v , P. I a ri.cl.-_ . f � "Ci MINUTES OF 3/19/74 PAGE 5 OF 5 Section 3, Sub - paragraph (4.) shall be amended by the addition of the following sentence: "No garbage receptacle or mechanical container' shall be placed on any City right- of-way. Mechanical containers shall not be placed in such a,manner as to hinder the closing of the container lid. " In Section 4, the following sentence shall be added after the first complete sentence of the paragraph: "The Building Official shall have the right to require painting, repairs, or replacement of receptacles. ". In Section 8, the second sentence _ shall be amended to read as follows: "Nothing herein contained shall prevent the owner,. or occupant, manager or persons responsible for said premises to remove accumulations of garden or yard trash, household trash or rubbish, himself, to a proper place of disposal. " ATTACHMENT TO COUNCIL MINUTES OF 3/19/74 2_1 Jp-."ROFILMED t AMENDMENTS TO ORDR4ANCE NTO. 5 -74 -_ GARBAGE COLLECTION ORDINANCE Section 3, Sub - paragraph (.} shall be amended by the addition of the following sentence: "No garbage receptacle or mechanical container shall be placed on any City right -of -way. Mechanical containers shall not be placed in such a7manner as to hinder the closing of the container lid, ,. In Section 4, the following sentence shall be added after the first complete sentence of the paragraph: "The Building Official shall have the right to require painting, repairs.. or replacement of receptacles. In Section 8, . the second sentence shall be amended to read as follows� "Nothing, herein contained shall prevent the owner, or occupant, manager. or persons responsible for said premises to remove accumulations of garden or yard trash, household trash or rubbish,- himself,. to a proper place of disposal. rt ATTACHMENT TO MINUTES OF 3/19/74